Specter, the Senate and the NSA Terrorist Surveillance Program
H.R.5020 Intelligence Authorization Act for Fiscal Year 2007, passed the House 327 - 96 on April 26, 2006. Part of that negotiation was blocking of H.R.4976, "To reiterate that chapters 119 and 121 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 are the exclusive means by which domestic electronic surveillance may be conducted."
The blocking of the latter is not "direct" as one might think, and is contained in a failed "Motion to Recommit", by Mr. Schiff, viewable here starting at page 1809. The motion to recommit (with instructions) failed on a 195 - 230 vote.
This article in Jurist contains a bit more, and links to an Associated Press story, as well as to Senator Specter's expressed intention to consider similar "fund blocking" legislation in the Senate.
Congressional Record: April 27, 2006 (Senate)
Page S53726
AMENDMENTS SUBMITTED AND PROPOSED
SA 3679. Mr. SPECTER submitted an amendment intended to be proposed by him to the bill H.R. 4939, making emergency supplemental appropriations for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
PROHIBITION ON USE OF FUNDS FOR DOMESTIC ELECTRONIC SURVEILLANCE FOR FOREIGN INTELLIGENCE PURPOSES UNLESS CONGRESS IS KEPT FULLY AND CURRENTLY INFORMED
Sec. 7032. (a) Prohibition.--No funds appropriated by this
or any other Act may be obligated or expended to carry out
the NSA program, or any other program of electronic
surveillance within the United States for foreign
intelligence purposes, unless each of the following is met:
(1) The Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives, and each member of such committee, are
kept fully and currently informed of such program in
accordance with section 502 of the National Security Act of
1947 (50 U.S.C. 413a).
(2) The Committees on the Judiciary of the Senate and the
House of Representatives are kept fully and currently
informed of such program in accordance with section 503 of
the National Security Act of 1947 (50 U.S.C. 413b).
(b) Sense of Congress.--It is the sense of Congress that
the Executive Branch should inform the members of the
Committees on the Judiciary of the Senate and the House of
Representatives on the NSA program and any other program
described in subsection (a) in sufficient detail so as to
facilitate and ensure the discharge by such Committees of
their oversight responsibilities to determine the
constitutionality of Executive Branch actions.
(c) NSA Program Defined.--In this section, the term ``NSA
program'' means the program of the National Security Agency
on electronic surveillance within the United States for
foreign intelligence purposes the existence of which has been
acknowledged by President George W. Bush and other Executive
Branch officials on and after December 17, 2005, any
unacknowledged part of the program, and any associated
National Security Agency programs or activities.
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